BECKLEY — Markel Insurance Company is suing Jan-Care Ambulance Service over an insurance policy limit.
Jan-Care Ambulance of Nicholas County Inc., Jan-Care Ambulance of Raleigh County and Jan-Care Ambulance Inc. were also named as defendants in the suit.
On Aug. 10, 2019, Douglas Dick was operating an ambulance bearing Jan-Care markings and was in an accident in which Brittany Young was a passenger in the ambulance, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Markel claims Dick and Young both sustained fatal injuries from the accident and prior to the accident, Young had sent her fiance a text telling him she was unsure she would make it home because Dick was falling asleep at the wheel. Young's estate then sued Jan-Care. Dick's estate also sued Jan-Care.
Markel issued insurance to Jan-Care, but claims Jan-Care's coverage in the lawsuits does not exceed $1 million.
Markel is seeking for the court to declare that the limit of the policies is $1 million. It is represented by Brent Kesner and Barbara Keefer of Kesner & Kesner in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 5:21-cv-00293